beta
(영문) 대구고등법원 2018.06.20 2018나20485

임금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except where the judgment is dismissed or added as stated in paragraph (2) below, and thus, it is acceptable in accordance with the main sentence of Article 420 of

2. Parts to be removed or added;

A. On the 7th-6th-6th-6th-6th-6th-6, Gap evidence 15-4, Gap evidence 16-2, Gap evidence 18-1, and Gap evidence 18-8th-2 of the 7th-2th-12th-6th-6th-6th-6, Gap evidence 15-4, Gap evidence 16-2, Gap evidence 18-18th-4, Gap evidence 33-1-4, Gap evidence 43-1, Gap evidence 53-57, and Gap evidence 18-18th-6th-6th-6th-6th-7th-6th-6th-6th-6th-7 of the first-class judgment.

(b) Forms 8 and 17 of the first instance judgment shall be followed by the following:

3) The Defendant’s collective agreement and the rules of employment regarding the assertion of non-qualification as a disciplinary member of K and L’s labor union merely stipulate that disciplinary members of the labor union shall be comprised of two members outside of the president of the labor union. It does not require the remainder of two members other than the president of the labor union to hold the qualifications as a representative of the labor union

(B) As seen above 1-B, Article 46-3 of the Rules of the B trade union applies to the disciplinary committee organized inside the B trade union, and does not apply to the composition of the disciplinary committee set forth in the Defendant’s collective agreement and rules of employment. Therefore, whether a person is a representative or executive member of the B trade union is considered not to affect the legality of the organization of the Defendant’s disciplinary committee or the eligibility of disciplinary committee members, and there is no evidence to acknowledge it otherwise. The written evidence No. 26-6, No. 7, No. 36-1, and No. 40-3, No. 41-1, No. 42, No. 45-1, No. 45-2, and No. 48, and No. 59 are insufficient to recognize that a person is not eligible for disciplinary committee members.

A person shall be appointed.

(c)Paragraph 17 of the decision of the first instance is followed.